To preserve the sovereignty of the United States over property owned by the United States, to preserve State sovereignty over and private property rights in non-Federal property surrounding Federal Property, and for other purposes.

IN THE SENATE OF THE UNITED STATES

June 4, 2002

Mr. SMITH of New Hampshire introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To preserve the sovereignty of the United States over property owned by the United States, to preserve State sovereignty over and private property rights in non-Federal property surrounding Federal Property, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘American Land Sovereignty Protection Act’.

SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS- Congress finds that--

(1) the power to dispose of and make all necessary rules governing property belonging to the United States is vested in Congress under section 3 of article IV of the Constitution;

(2) some Federal property designations under international agreements concern land use policies and regulations for property belonging to the United States that, under section 3 of article IV of the Constitution, can be implemented only by an Act of Congress;

(3) some international property designations, such as those under the United States Biosphere Reserve Program and the Man and Biosphere Program of the United Nations Scientific, Educational, and Cultural Organization, operate under independent national committees, such as the United States National Man and Biosphere Committee, that have no legislative directive or authorization from Congress;

(4) actions by the United States in making such designations may affect the use and value of nearby non-Federal property;

(5) the sovereignty of the States is a critical component of our Federal system of government and a bulwark against the unwise concentration of power;

(6) private property rights are essential for the protection of freedom;

(7) actions by the United States to designate property belonging to the United States under international agreements in some cases conflict with congressional constitutional responsibilities and the sovereign powers of the States; and

(8) actions by the President in applying certain international agreements to property owned by the United States diminish the authority of Congress to make rules respecting the property.

(b) PURPOSES- The purposes of this Act are--

(1) to reaffirm the power of Congress under section 3 of article IV of the Constitution over international agreements that concern disposal, management, and use of property belonging to the United States;

(2) to protect State powers not reserved to the Federal Government under the Constitution from Federal actions designating property under international agreements;

(3) to ensure that no United States citizen suffers any diminishment or loss of individual rights as a result of Federal action designating property under an international agreement for the purpose of imposing restrictions on use of the property;

(4) to protect private interests in property from diminishment as a result of Federal action designating property under international agreements; and

(5) to provide a process under which the United States may, when it is desirable to do so, designate property under an international agreement.

SEC. 3. CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE LISTING.

Section 401 of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1) is amended--

(1) by striking ‘SEC. 401. (a)’ and inserting the following:

‘SEC. 401. PARTICIPATION BY THE UNITED STATES.

‘(a) IN GENERAL- ’;

(2) in the first sentence of subsection (a)--

(A) by striking ‘The Secretary of the Interior’ and inserting ‘Subject to subsections (b), (c), (d), and (e), the Secretary of the Interior (referred to in this section as the ‘Secretary’)’; and

(B) by inserting ‘(referred to in this section as the ‘Convention’)’ after ‘1973’;

(3) in subsection (b)--

(A) by striking ‘(b) The Secretary of the Interior’ and inserting ‘(b) NOMINATION OF PROPERTY TO WORLD HERITAGE COMMITTEE- The Secretary’; and

(B) in the fourth sentence--

(i) by striking ‘Representatives and’ and inserting ‘Representatives,’; and

(ii) by inserting before the final period ‘, and the appropriate State and local governments’;

(4) in subsection (c), by striking ‘(c) No non-Federal property may be nominated by the Secretary of the Interior’ and inserting ‘(c) NOMINATION OF NON-FEDERAL PROPERTY TO WORLD HERITAGE COMMITTEE- No non-Federal property may be nominated by the Secretary’; and

(5) by adding at the end the following:

‘(d) REQUIREMENTS FOR NOMINATION OF PROPERTIES- The Secretary shall not nominate a property under subsection (b) unless--

‘(1) the Secretary publishes a proposed nomination in the Federal Register and conducts a proceeding under sections 555, 556, and 557, of title 5, United States Code;

‘(2) the Secretary, in carrying out the proceeding described in paragraph (1)--

‘(A) considers--

‘(i) natural resources associated with the property proposed to be nominated and other property located within 10 miles of the property to be nominated; and

‘(ii) the impact that inclusion of the property proposed to be nominated on the World Heritage List would have on existing and future uses of the property proposed to be nominated or other property located within 10 miles of the property to be nominated; and

‘(B) determines that commercially viable uses (in existence on the date of the nomination) of the property proposed to be nominated and of other property located within 10 miles of the property proposed to be nominated will not be adversely affected by inclusion of the property on the World Heritage List; and

‘(3) the Secretary submits to Congress a report that--

‘(A) contains the information described in subparagraphs (A) and (B);

‘(B) describes the necessity for including the property on the list; and

‘(C) proposes legislation authorizing nomination of the property; and

‘(4) the nomination is specifically authorized by an Act of Congress enacted after the date of the report.

‘(e) OBJECTION TO INCLUSION OF PROPERTY- The Secretary shall object to the inclusion of property in the United States on the list of World Heritage in Danger established under Article 11.4 of the Convention, unless--

‘(1) the Secretary submits to Congress the report required under subsection (d)(1)(C); and

‘(2) the Secretary is specifically authorized to assent to the inclusion of the property on the list by an Act of Congress enacted after the date of submission of the report under paragraph (1).

‘(f) DECISIONMAKING- Notwithstanding any provision of the Convention, all land management decisions with respect to any Federal or State land shall remain the responsibility of the land management agency that administers the land.’.

‘(a) IN GENERAL- No Federal official may nominate property in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization unless--

‘(1) the Secretary of State publishes a proposed nomination in the Federal Register and conducts a proceeding under sections 555, 556, and 557, of title 5, United States Code;

‘(2) the Secretary of State, in carrying out the proceeding described in paragraph (1)--

‘(A) considers--

‘(i) natural resources associated with the property proposed to be nominated and other property located within 10 miles of the property to be nominated; and

‘(ii) the impact that inclusion of the property proposed to be designated as a Biosphere would have on existing and future uses of the property proposed to be nominated or other property located within 10 miles of the property to be nominated;

‘(B) determines that commercially viable uses (in existence on the date of the nomination) of the property proposed to be nominated and of other property located within 10 miles of the property proposed to be nominated will not be adversely affected by designation of the property as a Biosphere; and

‘(3) the Secretary of State submits to Congress a report that--

‘(A) contains the information described in subparagraphs (A) and (B);

‘(B) describes the necessity for including the property in the program; and

‘(C) proposes legislation authorizing nomination of the property; and

‘(4) the nomination is specifically authorized by an Act of Congress enacted after the date of the report.

‘(b) OBJECTION TO INCLUSION OF PROPERTY- The Secretary of State shall object to the designation of property in the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization, unless--

‘(1) the Secretary of State submits Congress the report required under subsection (a)(1)(C); and

‘(2) the Secretary of State is specifically authorized to assent to the inclusion of the property on the list by an Act of Congress enacted after the date of submission of the report under paragraph (1).

‘(c) PROPERTIES DESIGNATED BEFORE DATE OF ENACTMENT- Any designation of property in the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization made before the date of enactment of this section shall terminate on December 31, 2003, unless the Biosphere Reserve--

‘(1) is specifically authorized by a law enacted after the date of enactment of this section and before December 31, 2003;

‘(2) consists solely of property that on the date of enactment of this section is owned by the United States; and

‘(3) is subject to a management plan that specifically ensures that the use of nearby non-Federal property is not limited or restricted as a result of the designation.

‘(d) DECISIONMAKING- Notwithstanding any provision of the Convention, all land management decisions with respect to any Federal or State land shall remain the responsibility of the land management agency that administers the land.’.

SEC. 5. TECHNICAL AMENDMENTS.

Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is amended--

(1) in the last sentence of section 401(b), by striking ‘Committee on Natural Resources’ and inserting ‘Committee on Resources’; and

(2) in section 402, by striking ‘SEC. 402. Prior to the approval’ and inserting the following:

‘SEC. 402. MITIGATION OF ADVERSE EFFECTS OF FEDERAL UNDERTAKINGS OUTSIDE THE UNITED STATES.